County could pay $24 million to settle medical malpractice cases

February 02, 2013|By Hal Dardick, Chicago Tribune reporter

Taxpayers could end up footing a $24 million bill to settle medical malpractice cases filed against Cook County's public health system, including one filed by the family of a toddler left with irreversible brain damage after a common surgery.

Most of the money — $20 million — would be paid out in the lawsuit brought by Justine Francique, whose now 3-year-old son Keith was left with severe, irreversible brain damage after he suffered cardiac arrest following surgery to repair an undescended testicle at Stroger Hospital, county officials said.

The boy was recovering from surgery in December 2011 when medical personnel did not initiate cardiopulmonary resuscitation until five minutes after his heart stopped, according to court documents.

The child was revived, but no pulse was detected for at least 15 minutes, the documents state. As a result of the heart attack and oxygen deprivation, he suffered permanent brain injury, according to the documents.

The settlement is structured to ensure that the boy has enough money to obtain adequate care for the rest of his life, county officials said.

The proposed settlement and three others, all filed against Stroger Hospital, are set for a Tuesday vote by the Cook County Board. If approved, they would be covered with taxpayer money placed into a self-insurance fund.

Attorneys for the people who filed suit and the county declined to comment, noting that the settlements are not yet final. County Commissioner Larry Suffredin, D-Evanston, said that the cases did not indicate any pattern. "These are individual errors," he said.

Dr. Ramanathan Raju, who has headed the county's public health system for less than two years, has put in place a more rigorous risk-management system designed to avoid medical errors, Suffredin added.

A second case that could be settled for $2.4 million was filed by the estate of Wendy Cash, who allegedly was not treated properly for an infection during cancer treatment at the county hospital in January 2008, according to court documents.

Cash developed an infection that spread for lack of proper care and underwent multiple amputations and then died two years after being admitted to Stroger, the documents allege.

A third case that would be settled for $1 million was filed by the estate of Albert Allen, who allegedly did not receive proper care for an infection from an external fixator attached to his arm while at the county jail for nearly seven weeks in summer 2006.

While at the jail, Allen was treated by Cermak Health Services, which like Stroger Hospital is part of the county's Health and Hospital System. He developed sepsis, a condition caused by infections, that led to his death, court documents state. Allen was taken to Stroger Hospital on Aug. 24, 2006, where he also failed to receive proper care, the lawsuit states.

A fourth case, which also involves Stroger Hospital, would be settled for $625,000.